TORONTO - A Toronto man acquitted of a 2004 shooting death is now in the hands of police, two days after Ontario's highest court struck down the jury's original verdict.
Toronto police took 23-year-old Warren Abbey into custody Saturday afternoon.
Abbey has been ordered to stand trial again for first-degree murder in the death of 19-year-old Simeon Peter, who was shot three times while walking with his girlfriend in Toronto's east end.
The Ontario Court of Appeal ruled Thursday that evidence relating to a teardrop tattoo inked on Abbey's face should not have been excluded from the trial.
According to the appeal court's decision, at least one expert was prepared to testify that such a tattoo could mean the bearer had recently killed a rival gang member.
Abbey, who was allegedly associated with a Toronto gang embroiled in a turf war at the time of Peter's death, will appear in court Monday to set a new trial date.
